# Law Offices of Gilbert A. Schaffnit > https://www.gilschaffnit.com > Last Updated: 2026-06-12 Gilbert Schaffnit is a Gainesville criminal defense lawyer with more than 40 years of experience who has devoted his legal practice for more than 30 years to the representation of individuals charged with criminal violations in Alachua County and across the state of Florida. ## Contact - Phone: +1-352-505-1799 - Address: 719 NE 1st St, Gainesville, FL 32601 ## Locations - Gainesville, FL - +1-352-505-1799 Areas served: Gainseville, Florida, US ## Practice Areas - Criminal Defense - Drug Crimes - Violent Crimes - Sex Crimes - Theft Crimes - Weapon Crimes - Juvenile Crimes ## Attorneys - Profile: https://www.gilschaffnit.com/attorney-profile/ Mr. Schaffnit is a member of the Florida Bar as well as the Bars of the Northern District of Florida, Middle District of Florida, the Sixth and Eleventh Circuit Courts of Appeals, and the United States Supreme Court. ## Key Pages - Homepage: https://www.gilschaffnit.com/ - Attorneys: https://www.gilschaffnit.com/attorney-profile/ - Blog: https://www.gilschaffnit.com/blog/ - Contact: https://www.gilschaffnit.com/contact-us/ ## Social Profiles - https://www.facebook.com/p/Law-Offices-of-Gilbert-A-Schaffnit-100063523452528/ - https://www.yelp.com/biz/law-offices-of-gilbert-a-schaffnit-gainesville - https://www.linkedin.com/in/gilbert-schaffnit-b5662a19/ ## Reviews - Rating: 5/5 based on 104 reviews ## Practice Area Details ### Gainesville Criminal Defense Lawyer https://www.gilschaffnit.com/ Gainesville criminal defense lawyer Gilbert A. Schaffnit helps with Florida sex crimes, drug charges, weapons offense, violent crimes, theft, DUI & more. ### Gainesville Criminal Defense https://www.gilschaffnit.com/gainesville-criminal-defense-lawyer/ At the Law Offices of Gilbert A. Schaffnit, our Gainesville criminal defense lawyer brings more than 40 years of experience to every case we handle. ### Gainesville Sex Crimes Lawyer https://www.gilschaffnit.com/gainesville-sex-crimes-lawyer/ The Law Offices of Gilbert A. Schaffnit provides skilled defense for sex crime charges in Gainesville, protecting your rights throughout all legal proceedings. ### Gainesville Federal Drug Crimes Lawyer https://www.gilschaffnit.com/gainesville-federal-drug-crimes-lawyer/ Federal drug charges carry severe penalties. The Law Offices of Gilbert A. Schaffnit defends Gainesville clients against serious federal drug crime allegations. ## Recent Articles ### Florida Man Arrested for Cyberstalking Police Officer on Facebook https://www.gilschaffnit.com/florida-man-arrested-for-cyberstalking-police-officer-on-facebook/ (2026-06-08) A Florida computer & internet crime lawyer from the Law Offices of Gilbert A. Schaffnit can assist you if you are facing charges. ### Former Pilot, Instructor Charged With Child Porn Possession https://www.gilschaffnit.com/former-pilot-instructor-charged-with-child-porn-possession/ (2026-06-03) Arrested for a child porn crime? You need to act quickly. Get the help you need from a Florida child pornography lawyer from the Law Offices of Gilbert A. Schaffnit. ### Human Trafficking Investigation Leads to Arrest of Corrections Officer https://www.gilschaffnit.com/human-trafficking-investigation-leads-to-arrest-of-corrections-officer/ (2026-05-27) A Florida minor sex offense lawyer from the Law Offices of Gilbert A. Schaffnit can assist you with your case. We can provide you with valuable advice and a strong defense. ### Summer Camp Counselor Accused of using Bitcoin to Buy Child Porn https://www.gilschaffnit.com/summer-camp-counselor-accused-of-using-bitcoin-to-buy-child-porn/ (2026-05-21) If you are in legal trouble due to sex crimes involving children, seek help right away from a Florida child pornography lawyer from the Law Offices of Gilbert A. Schaffnit. ### Florida Man Arrested for Generating AI Child Porn https://www.gilschaffnit.com/florida-man-arrested-for-generating-ai-child-porn/ (2026-04-29) A Florida child pornography lawyer from the Law Offices of Gilbert A. Schaffnit can assist you if you are facing charges. ### Man Arrested, Jailed for Child Porn Charges https://www.gilschaffnit.com/man-arrested-jailed-for-child-porn-charges/ (2026-04-21) Protect your rights and freedom with help from a Florida child pornography lawyer from the Law Offices of Gilbert A. Schaffnit. ### Florida Man Faces 1,000+ Years in Prison for Child Porn Charges https://www.gilschaffnit.com/florida-man-faces-1000-years-in-prison-for-child-porn-charges/ (2026-04-13) If this has happened to you, contact a Florida child pornography lawyer from the Law Offices of Gilbert A. Schaffnit right away. ### Man Arrested on 42 Child Porn Charges https://www.gilschaffnit.com/man-arrested-on-42-child-porn-charges/ (2026-04-02) Get the legal help you need from a Florida child pornography lawyer from the Law Offices of Gilbert A. Schaffnit. ### Florida Deputy Arrested for Child Porn First Day on the Job https://www.gilschaffnit.com/florida-deputy-arrested-for-child-porn-first-day-on-the-job/ (2026-03-26) A Florida child pornography lawyer from the Law Offices of Gilbert A. Schaffnit can provide you with a strong defense. We provide individualized legal representation. ### How to Get Off the Florida Sex Offender Registry https://www.gilschaffnit.com/how-to-get-off-the-florida-sex-offender-registry/ (2026-03-18) Being placed on the Florida sex offender registry carries consequences that extend far beyond the original sentence. Contact Gilbert A. Schaffnit today. ## Frequently Asked Questions Q: What is the difference between embezzlement and theft under Florida law? A: Both are charged under Florida's theft statute, but embezzlement specifically involves the misappropriation of property that was lawfully entrusted to the defendant. The distinguishing feature is the relationship of trust or fiduciary duty that existed before the alleged taking. Employees, accountants, bookkeepers, and fiduciaries are common targets of embezzlement investigations because they have legitimate access to the funds in question. Q: Can embezzlement charges be dropped if I return the money? A: Restitution can sometimes be a factor in plea negotiations or sentencing, but it does not automatically result in charges being dropped. The state's decision to prosecute is independent of whether the money is returned. Attempting to repay funds without the guidance of an attorney can also create complications in your defense and should not be done unilaterally. Q: How does the Thomas C. Holden Federal Building factor into federal criminal cases in Gainesville? A: Federal criminal matters in Gainesville are handled through the Northern District of Florida, with proceedings held at the federal courthouse. Understanding the procedures, local rules, and tendencies of federal judges and prosecutors in this district is essential to effective federal defense, and it is an area where Gilbert Schaffnit's decades of practice provide a concrete advantage. Q: What happens if my employer accuses me of embezzlement before police are involved? A: An employer confrontation often precedes formal criminal charges. Anything said during that meeting can later be provided to investigators. You have no obligation to participate in an internal investigation, and retaining counsel before attending any such meeting is strongly advisable. The Law Offices of Gilbert A. Schaffnit is available 24 hours a day, seven days a week for exactly these situations. Q: Is it possible to have an embezzlement charge sealed or expunged from my record? A: Florida law provides pathways for sealing or expunging certain criminal records, depending on the outcome of the case and the specific charges involved. The process is complicated and not everyone qualifies, but it can be a vital step in moving forward professionally and personally. Gilbert Schaffnit's office handles sealing and expungement matters and can evaluate your eligibility. Q: What makes embezzlement cases different from other theft crimes when it comes to defense strategy? A: The documentary nature of embezzlement evidence means that defense strategy often hinges on expert analysis, legal challenges to how records were obtained, and the construction of alternative financial narratives. Unlike cases that turn heavily on eyewitness credibility, embezzlement defense requires a lawyer who is comfortable in the world of financial forensics and who knows how to work with and against expert witnesses. Q: Can I be charged with assault even if I never touched anyone? A: Yes. Under Florida law, assault requires only a credible, intentional threat that places another person in reasonable fear of imminent violence. Physical contact is not required. An angry verbal threat accompanied by a gesture or action that makes the fear reasonable can result in an assault charge even without any touching. Q: What is the difference between aggravated battery and simple battery in Florida? A: Simple battery involves intentional unwanted physical contact or intentionally causing bodily harm. Aggravated battery requires that the defendant intentionally caused great bodily harm, permanent disability, or permanent disfigurement, or used a deadly weapon during the offense. Aggravated battery is a second-degree felony with significantly higher penalties than simple battery. Q: If the alleged victim wants to drop the charges, will the case go away? A: Not automatically. In Florida, the decision to prosecute belongs to the State Attorney's Office, not the alleged victim. While an uncooperative witness can create challenges for the prosecution, experienced prosecutors have other methods of establishing their case, and charges frequently proceed even when the complaining party wishes to withdraw their complaint. Q: Does Florida's Stand Your Ground law apply to battery cases? A: It can, depending on the facts. Florida's Stand Your Ground statute provides immunity from prosecution when a person reasonably believes that using force was necessary to prevent death or great bodily harm. An attorney can file a motion for an immunity hearing before trial, which, if successful, results in dismissal of the charges without the need for a jury trial. Q: How long does a battery conviction stay on my record in Florida? A: A battery conviction remains on a person's criminal record indefinitely unless eligible for sealing or expungement. Florida law places strict limitations on who qualifies for these remedies, and a conviction for battery may disqualify an individual from expungement in certain circumstances. An attorney can evaluate your eligibility and advise you on all options for clearing or limiting the impact of a record. Q: What happens if I am accused of battery by a family or household member? A: Domestic battery in Florida carries additional consequences beyond the criminal penalties, including a mandatory no-contact order upon arrest, a potential prohibition on possessing firearms, mandatory completion of a batterers' intervention program, and collateral consequences in family court proceedings. These cases require immediate and focused legal attention given how quickly the system moves after an arrest. Q: Can a first-time offender avoid jail time on a battery charge in Florida? A: In many circumstances, yes. First-time offenders charged with misdemeanor battery may be eligible for diversion programs, deferred prosecution agreements, or probationary sentences that avoid incarceration. The availability of these options depends on the specific facts of the case, the defendant's background, and the posture of the local State Attorney's Office. An experienced defense attorney can assess and advocate for these alternatives early in the process. Q: Can I be investigated for a sex crime without being arrested? A: Yes. Law enforcement frequently conducts investigations before making an arrest, particularly in cases involving internet activity, allegations by minors, or complaints that require additional evidence gathering. If you know or suspect you are being investigated, retaining an attorney immediately is advisable. Early legal representation can sometimes affect the outcome of the investigation itself. Q: What happens if the alleged victim recants or refuses to cooperate? A: Prosecutors in Florida have the authority to proceed with a sex crime case even if the alleged victim chooses not to cooperate or recants a prior statement. The state may rely on other evidence, prior statements, or witness testimony to move forward. A recantation does not automatically result in a dismissal, though it can significantly affect the strength of the prosecution's case. Q: Does a sex crime conviction always result in sex offender registration? A: Not every sex-related offense triggers registration requirements under Florida law, but many do. The specific charge, the circumstances of the offense, and the age of any individuals involved all factor into whether registration is required. An experienced attorney can explain the registration implications of specific charges before any resolution is reached. Q: What is the difference between a sex offender and a sexual predator designation in Florida? A: Florida law distinguishes between the two classifications. A sexual predator designation carries more severe restrictions and is assigned based on specific qualifying offenses or repeat offenses. Both designations require registration, but the obligations and consequences attached to a sexual predator classification are significantly more burdensome. Q: Can I get off the sex offender registry in Florida? A: Certain individuals may qualify for removal from the Florida Sex Offender Registry after meeting specific criteria, including the passage of a required number of years following completion of their sentence and the absence of subsequent offenses. The process requires filing a Petition with the Court, and not everyone qualifies. An attorney familiar with this process can evaluate your eligibility and handle the filing on your behalf. Q: What if my case involves federal charges? A: Federal sex crime prosecutions, particularly those involving child pornography, internet solicitation across state lines, or sex trafficking, are pursued aggressively and carry substantial mandatory minimum sentences under federal sentencing guidelines. Defense in federal court requires an attorney admitted to federal practice. Gilbert Schaffnit is admitted to multiple federal courts, including the Eleventh Circuit Court of Appeals, and has experience representing clients in federal criminal ... Q: What is the difference between drug possession and drug distribution under Florida law? A: Possession means having a controlled substance for personal use. Distribution, sale, or possession with intent to sell involves the transfer or intended transfer of drugs to another person. Florida courts allow prosecutors to infer intent to distribute from circumstantial evidence such as quantity, packaging, and paraphernalia, even without direct evidence of a transaction. Q: What are the mandatory minimum sentences for drug trafficking in Florida? A: Mandatory minimums vary by substance and quantity. For cocaine, sentences range from three years (28 to 200 grams) up to fifteen years for larger amounts. For opioids and fentanyl-related compounds, minimums can be even more severe. The court has no discretion to go below these minimums upon a conviction unless a substantial assistance exception applies. Q: Can I be charged with drug distribution for something that happened in my car or home? A: Yes. Florida law allows for constructive possession charges, meaning you can be charged based on drugs found in a location you control, even if the drugs did not belong to you. This is a common and highly contested area of drug law, and challenging constructive possession requires a detailed factual and legal analysis of the circumstances. Q: Will my assets be seized if I am arrested for drug distribution? A: Civil asset forfeiture allows law enforcement to seize property believed to be connected to drug activity, and this can happen before any conviction. Contesting a forfeiture action is a separate legal process from the criminal case and requires prompt action to preserve your rights to your property. Q: How does Gilbert Schaffnit approach drug distribution cases? A: Gilbert Schaffnit accepts a limited number of cases to ensure every client receives his personal attention. He examines the full record of how law enforcement conducted its investigation, challenges the admissibility of evidence, reviews laboratory testing procedures, and identifies any constitutional violations that may support a motion to suppress or a dismissal of charges. Q: Is it possible to have a drug distribution charge reduced or dismissed? A: Yes, though outcomes depend on the specific facts of each case. Motions to suppress evidence, challenges to the reliability of informants, and demonstrated constitutional violations have all resulted in reduced charges or dismissals. An experienced attorney who evaluates the case early has the greatest opportunity to identify these arguments before critical deadlines pass. --- Detailed version — see https://www.gilschaffnit.com/llms.txt for summary Generated by MileMark Schema Pro